Recalled Takata Airbags Are Being Reused

Posted By
The Gilbert Law Group

Takata, a major car parts supplier, was responsible for one of the largest
and most complex safety recalls in U.S. history after their airbags were
found to be capable of deploying explosively and injuring people. These
defective airbags have caused at least 11 deaths and about 180 injuries since they were
first used, and the recall affected more than 42 million vehicles in the
United States.

However, recently a loophole has been found in the
Takata airbag recall. Recycled airbags not turned in to be replaced by new ones are, instead,
ending up in used cars (although this is illegal). For example, in one
case, a woman named Karina Dorado was almost killed after her airbag deployed
and released shards of metal that punctured her windpipe. The airbag had
been a recalled product from an old 2001 Honda Accord.

In her case, she owned a 2002 Honda Accord that had been considered “totaled”
by an insurance company but that had a salvage title. A salvage title
allows someone to buy the shell of a car, fix it, and then resell it.
Cars with salvage titles are considered total losses for an insurance
company, but insurance adjusters use them in auctions if they can be made
roadworthy again.

Part of the repair to Dorado’s Accord was to replace the steering
wheel airbag that had deployed in its original accident. However, instead
of getting a new replacement, the seller used an airbag from a 2001 Honda
Accord, one that had been included in the recall. Yet, it had never been
brought in for the airbag replacement, so it still had the faulty Takata
airbag installed.

According to the Transportation Recall Enhancement, Accountability and
Documentation (TREAD) Act of 2000, it is actually illegal to sell a used
automotive part that has been the subject of a recall and hasn’t
been fixed. To do so could lead to a fine of up to $21,000 and civil penalties
reaching more than $1 million.

There are thousands of Takata airbags that were never deployed sitting
in old cars whose owners were never informed of the problem or never got
around to replacing the defective parts. Since Honda America started collecting
un-deployed Takata airbags from salvage yards, they have collected more
than 70,000.

If you’ve been injured by a reused Takata airbag inflator, talk to
one of our skilled
Denver auto defect attorneys about your case as soon as possible.